Letter from O. M. Wozencraft to Luke Lea, 1853

[Cover]
California Sup W196
O. M. Wozencraft
Washington Jany 24 1853
Enc. copies of letters by him to Supt Beale & of one to Dept which correspondence he finds was not forwarded by the Supt
Recd 26 Jany 53
[Letter P. 1]
Washington D.C.
January 24th 1853
Sir,
On examination of the file of Correspondence in the Indian Bureau, I find an ommission in the Corrsepondence from myself.
It would appear, Superintendent Beale has failed to forward the same with the exception of one letter, which singular to say was written by me at his instance, and by his dictation.
Enclosed please find true copies of correspondence with Superintendent Beale, and likewise one communication addressed to yourself, which was placed in the superintendent's hands for transmission to you.
The correspondence will now be complete and thus fulfill the requirement of the call made by the Senate,
Very respectfully
your obt sr
O,M, Wozencraft
Hone Luke Lee
Commissioner of Inn Affrs
Washington
[P. 2]
San Francisco September 9th 1852
Sir,
In comformity with your request Johnston to place before you, a brief synopsis of the State of Affairs, as they now exist within my District likewise within the Southern District, which fell under my supervision by request of the agent who formerly had charge of said duties, an emergency, however occurred subsequently which rendered it imperative on me to and act in said District.
Since my last report to the Department, dated June 23, 1852, there has been no material change or [illegible] in the above mentioned districts of much moment, with the exception of an occurrence of rather an alarming nature, one which was well calculated to induce the Indians to break their fealty.
It was in consequence of having a number of their people killed by a party of whites.
This occurred within the Reservation on the [illegible] River in the early part of July, and as they (the Indians) appeared to be ignorant of a cause sufficient to incite and bring down on them, such summary punishment, it was well calculated to produce serious results, which in all probability would have occurred had not Genl Hitchcock taken
[P. 3]
2nd
active measures to prevent it.
Immediately on learning that there was a probability of such a design against the Indians I hastened up, with a hope of being able to prevent it, but unfortunately the fatal act was conducted before my arrival, So hasty were they indeed, that the Indians themselves were unapprised of the fate that awaited them.
Most all the Indian men were absent at the time, at work some distance from home.
After informing myself of the particulars, I deemed it due to the Executive of the State to inform Him of the fact, as the probability was, it might terminate in a war, The following is a copy
[illegible] River July 13th 1852
Hone Sir
I deem it proper to inform you of a serious occurrence, which has lately transpired on [Kings?] River, where a party of men are charged with having made an attack on Some Indians living within a Reservation set apart for their occupancy, and having killed some several of them.
"The facts of the transaction as stated to me are of such an aggravated nature, that I deem it my duty to take [illegible] of it, as the only means of preserving the peaceful relationships established, and now [illegible] between the Indians and the Whites
[P. 4]
3rd
and I cherish the hope, that the Executive of the State will deem it sufficient importance to join with me in maintaining the Supremacy of the law, as the only sure means of preventing the recurrence of similar outrages, and preventing a war.
Plase address me at San Francisco, where I expect to be on the 16th inst
Very respectfully
your obt sr
O,M, Wozencroft
U. S. In. At.
Hone J Bigler
Governor of the
State of California
I regret to say, that I have not received an answer to the above communication, and am thus left in doubt, whether or no the Governor deems the subject of sufficient importance to claim his attention.
I returned to San Francisco, with a view of having warrants issued for the accused parties, and thus bring them to trial before the Federal Court, but I am sorry to say that I have been disappointed
The U.S. District Attorney, after giving the subject that attention which its importance demanded informed me, that He was not aware of the existance of any law that would apply in the case, The Federal Court having no jurisdiction in cases where life was taken
[P. 5]
4th
The Gentleman who commanded the party in their unfortunate affairs, was some afterwards elected County judge, consequently I did not think it worth while to prosecute him in his own county.
Thus I have [I?] been disappointed in my endeavors to settle this difficulty in a manner, which would justify me in the belief that it would be satisfactory and final. Reluctantly have I been compelled to leave this unfortunate affair to time and the fates, which appear to hang over the red man, hastening on his entire extinction.
The Indians in the mean time, became uneasy, and showing evidence of a turbulent spirit. They determined to hold a grand council. The licensed traders, (Messr. Savage) being apprized of the fact, managed to it, with a hope of being able to satisft them of our good intention towards them, and thus if possible to appease their grief and anger.
Several companies of soldiers were ordered to be on the ground. Provisions were ordered to be furnished them, when they should assemble in council, and thus display to them the power to punish, and at the same time, the humanity to befriend them.
The council terminated satisfactorily to both parties, with the exception of a very unfortunate event,
[P. 6]
5th
which occurred immediately preceding the assembling in council, Majr Savage, who at the time, was on His way to attend the Council, met with a violent, and untimely death, by the hands of the Party, who on a former occasion had killed the Indians.
This was a sad calamity. The cutting off from life and usefulness, a human being, is deplorable under all circumstances. But, the more so, when it falls on one like Majr Savage, a man of [illegible] energy, and a will to direct it [aright?], through and by which He had gained a singular influence over the Indians. Indeed, his controlling power was allmost[almost] absolute_ and so far as we could judge, that influence was directed to the ameriolation [amelioration?] of their unfortunate condition.
They will feel his loss most, tho it will be felt at large,for He was a benefactor in his limited sphere; His place will long remain unoccupied.
Apprehensions, were, and still are entertained that the Indians who were under His immediate control would go to the Mountains, and there remain, as far as [illegible] from the Whites as fear and hatred can impell [impel] them.
They, indeed have gone in to the mountains, but, promise to return soon.
[P. 7]
6th
We will hope for the fulfillment of the promise, but in the meantime impose using such means as may be within our ability to further the realisation [realization]; otherwise we may anticipate the beginning of the end; a war, terminating with their extermination.
These same bands of Indians were in open hostility with the whites, on our arrival in the country, in the winter of 1850. They were brought in, and the war thus terminated by pacific measures. Should they commence again, we question very much the efficacy of the same means and have reason to doubt the practicability of coercive measures.
These same Indians, have furnished conclusive proof of a fact, which was before but problematical and very doubtfully (ie) whether or no, they could be made to support themselves by cultivating the soil; Whether they could be induced to get their bread in fulfillment of the Divine Command, "By the sweat of the brow shalt thought[thou?] earn thy food"
The result has been as cheering to the philanthropist, as it must be to the Christian, and we may express our surprise, that it is not equally so with those claiming to be political economists who predict the speedy destruction of the Indians in consequence of their close proximity to the Whites,
[P. 8]
7
and are active, in working out its fulfillment.
It is evident that the time is now near at hand, when the entire family of man must fulfill the omniscient Command. This world is now an industrial world, and the aborigines of their Continent can not long remain an exception.
Their boundless ranges are now being Sircumscribed [Circumscribed] by the family of [illegible]. They will now soon have to call for the gifts of a [illegible] Providence otherwise, than by casting their valuables into the streams, and offering them up through the sacrificial fire, with a hope, and belief, that they will thereby propitiate the Good Spirit, and they then will receive the [illegible] gifts with which to satisfy the wants of nature.
They will soon have to come down from the enjoyment of these vague, and poetical notions to the plain, unsophisticated matter of fact reality to tilling the soil, And this, as have stated they have done in this particular locality by raising an abundance of produce, and we do not see why there should be an exception, to all the balances, I will presume that when like measures are taken with the rest, it will
[P. 9]
8
be found that they all can be made to produce from the soil an ample support.
The philanthropist and the Christian may rejoice, and the political economist, might as well join in the chorus, for he will find out in time, that it will cost more to kill them, than it will to let them live.
I feel the livliest pleasure, "probably not unmixed with some selfish gratulations," in reporting to you, that there has been no serious infraction of treaty stipulations, by any of the numerous tribes with whom I have treated, and when it is [illegible] in mind, that I have treated with upwards of one hundred, bands of Indians, "Since our separation as a joint board," a great portion of the number in open hostility with the Whites, and but few, if any of them, were restrained from practising that which is a virtue of necessity with them, since, and owing to the [illegible] of the whites
I may be allowed to indulge in those feelings conscious as I am, that much good has been done in saving life and treasure, as well as alleviating the wants and sufferings of a race, who have just claims on our sympathy, and the more so , by reflection on the fact, that it has been done at so small a cost, indeed it has been measurably affected by making the simple promise, that is was the intention of the Great Father (The President) to instruct
[P. 10]
9
and assist them to live like the Whites, and that lands would be set apart for them, which they could call their home, and live by industry in peace
This simple promise was found sufficient in most instances, to secure the above mentioned happy result, the exceptions however were such as the dictates of humanity would prompt, without [experience?] to a particular policy. Those Indians who were suffering for the want of food, (being denied recourse to their former stores) were supplied with a limited amount of food, in some of the Reservations it was found necessary to furnish a liberal amount, in others none at all.
I am sorry to say that I deemed it expedient, through economical and prudential motives, to limit them to the smallest amount practicable with safety, and, as it was rather a difficult matter, to determine the point between economy and safety, (having no precedents to guide me in this new field of physical philosophy) I, it would appear, permitted the [illegible] economy to overcome the just one, The consequence was, necessity became [illegible], and induced those Indians who were about to starve, to recur to their old time honored customs. This of course is to be expected, and it is part of wisdom to make arrangements by which they may support themselves,
[P. 11]
10
It is much to be regretted, that Congress should refuse, or neglect, to pass the necessary appropriation in order to carry out the policy adopted, and which has so far proven so successful, I fear it will be [fraught] with evil, indeed I do not see how the Indians can be kept at peace, without we show them some evidence of the sincerity of the promises of our good intentions toward them.
I have so informed the Deparment, and further stated, that it would be useless, if not futile, for agents to go among them, if promises already made are not fulfilled.
I am pleased to learn by your report, that your views are measurably in accordance with the policy which we have deemed just and expedient in conducting our negotiations.
I feel well satisfied that time will demonstrate to the world, the entire practicability of a system, which in some respects is novel.
Very respectfully
your obt sr
O,M, Wozencraft
U,S, In At
Hon. E.F. Beale
Superintendent of
of Indian Affairs
California

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[Cover]
California Sup W196
O. M. Wozencraft
Washington Jany 24 1853
Enc. copies of letters by him to Supt Beale & of one to Dept which correspondence he finds was not forwarded by the Supt
Recd 26 Jany 53
[Letter P. 1]
Washington D.C.
January 24th 1853
Sir,
On examination of the file of Correspondence in the Indian Bureau, I find an ommission in the Corrsepondence from myself.
It would appear, Superintendent Beale has failed to forward the same with the exception of one letter, which singular to say was written by me at his instance, and by his dictation.
Enclosed please find true copies of correspondence with Superintendent Beale, and likewise one communication addressed to yourself, which was placed in the superintendent's hands for transmission to you.
The correspondence will now be complete and thus fulfill the requirement of the call made by the Senate,
Very respectfully
your obt sr
O,M, Wozencraft
Hone Luke Lee
Commissioner of Inn Affrs
Washington
[P. 2]
San Francisco September 9th 1852
Sir,
In comformity with your request Johnston to place before you, a brief synopsis of the State of Affairs, as they now exist within my District likewise within the Southern District, which fell under my supervision by request of the agent who formerly had charge of said duties, an emergency, however occurred subsequently which rendered it imperative on me to and act in said District.
Since my last report to the Department, dated June 23, 1852, there has been no material change or [illegible] in the above mentioned districts of much moment, with the exception of an occurrence of rather an alarming nature, one which was well calculated to induce the Indians to break their fealty.
It was in consequence of having a number of their people killed by a party of whites.
This occurred within the Reservation on the [illegible] River in the early part of July, and as they (the Indians) appeared to be ignorant of a cause sufficient to incite and bring down on them, such summary punishment, it was well calculated to produce serious results, which in all probability would have occurred had not Genl Hitchcock taken
[P. 3]
2nd
active measures to prevent it.
Immediately on learning that there was a probability of such a design against the Indians I hastened up, with a hope of being able to prevent it, but unfortunately the fatal act was conducted before my arrival, So hasty were they indeed, that the Indians themselves were unapprised of the fate that awaited them.
Most all the Indian men were absent at the time, at work some distance from home.
After informing myself of the particulars, I deemed it due to the Executive of the State to inform Him of the fact, as the probability was, it might terminate in a war, The following is a copy
[illegible] River July 13th 1852
Hone Sir
I deem it proper to inform you of a serious occurrence, which has lately transpired on [Kings?] River, where a party of men are charged with having made an attack on Some Indians living within a Reservation set apart for their occupancy, and having killed some several of them.
"The facts of the transaction as stated to me are of such an aggravated nature, that I deem it my duty to take [illegible] of it, as the only means of preserving the peaceful relationships established, and now [illegible] between the Indians and the Whites
[P. 4]
3rd
and I cherish the hope, that the Executive of the State will deem it sufficient importance to join with me in maintaining the Supremacy of the law, as the only sure means of preventing the recurrence of similar outrages, and preventing a war.
Plase address me at San Francisco, where I expect to be on the 16th inst
Very respectfully
your obt sr
O,M, Wozencroft
U. S. In. At.
Hone J Bigler
Governor of the
State of California
I regret to say, that I have not received an answer to the above communication, and am thus left in doubt, whether or no the Governor deems the subject of sufficient importance to claim his attention.
I returned to San Francisco, with a view of having warrants issued for the accused parties, and thus bring them to trial before the Federal Court, but I am sorry to say that I have been disappointed
The U.S. District Attorney, after giving the subject that attention which its importance demanded informed me, that He was not aware of the existance of any law that would apply in the case, The Federal Court having no jurisdiction in cases where life was taken
[P. 5]
4th
The Gentleman who commanded the party in their unfortunate affairs, was some afterwards elected County judge, consequently I did not think it worth while to prosecute him in his own county.
Thus I have [I?] been disappointed in my endeavors to settle this difficulty in a manner, which would justify me in the belief that it would be satisfactory and final. Reluctantly have I been compelled to leave this unfortunate affair to time and the fates, which appear to hang over the red man, hastening on his entire extinction.
The Indians in the mean time, became uneasy, and showing evidence of a turbulent spirit. They determined to hold a grand council. The licensed traders, (Messr. Savage) being apprized of the fact, managed to it, with a hope of being able to satisft them of our good intention towards them, and thus if possible to appease their grief and anger.
Several companies of soldiers were ordered to be on the ground. Provisions were ordered to be furnished them, when they should assemble in council, and thus display to them the power to punish, and at the same time, the humanity to befriend them.
The council terminated satisfactorily to both parties, with the exception of a very unfortunate event,
[P. 6]
5th
which occurred immediately preceding the assembling in council, Majr Savage, who at the time, was on His way to attend the Council, met with a violent, and untimely death, by the hands of the Party, who on a former occasion had killed the Indians.
This was a sad calamity. The cutting off from life and usefulness, a human being, is deplorable under all circumstances. But, the more so, when it falls on one like Majr Savage, a man of [illegible] energy, and a will to direct it [aright?], through and by which He had gained a singular influence over the Indians. Indeed, his controlling power was allmost[almost] absolute_ and so far as we could judge, that influence was directed to the ameriolation [amelioration?] of their unfortunate condition.
They will feel his loss most, tho it will be felt at large,for He was a benefactor in his limited sphere; His place will long remain unoccupied.
Apprehensions, were, and still are entertained that the Indians who were under His immediate control would go to the Mountains, and there remain, as far as [illegible] from the Whites as fear and hatred can impell [impel] them.
They, indeed have gone in to the mountains, but, promise to return soon.
[P. 7]
6th
We will hope for the fulfillment of the promise, but in the meantime impose using such means as may be within our ability to further the realisation [realization]; otherwise we may anticipate the beginning of the end; a war, terminating with their extermination.
These same bands of Indians were in open hostility with the whites, on our arrival in the country, in the winter of 1850. They were brought in, and the war thus terminated by pacific measures. Should they commence again, we question very much the efficacy of the same means and have reason to doubt the practicability of coercive measures.
These same Indians, have furnished conclusive proof of a fact, which was before but problematical and very doubtfully (ie) whether or no, they could be made to support themselves by cultivating the soil; Whether they could be induced to get their bread in fulfillment of the Divine Command, "By the sweat of the brow shalt thought[thou?] earn thy food"
The result has been as cheering to the philanthropist, as it must be to the Christian, and we may express our surprise, that it is not equally so with those claiming to be political economists who predict the speedy destruction of the Indians in consequence of their close proximity to the Whites,
[P. 8]
7
and are active, in working out its fulfillment.
It is evident that the time is now near at hand, when the entire family of man must fulfill the omniscient Command. This world is now an industrial world, and the aborigines of their Continent can not long remain an exception.
Their boundless ranges are now being Sircumscribed [Circumscribed] by the family of [illegible]. They will now soon have to call for the gifts of a [illegible] Providence otherwise, than by casting their valuables into the streams, and offering them up through the sacrificial fire, with a hope, and belief, that they will thereby propitiate the Good Spirit, and they then will receive the [illegible] gifts with which to satisfy the wants of nature.
They will soon have to come down from the enjoyment of these vague, and poetical notions to the plain, unsophisticated matter of fact reality to tilling the soil, And this, as have stated they have done in this particular locality by raising an abundance of produce, and we do not see why there should be an exception, to all the balances, I will presume that when like measures are taken with the rest, it will
[P. 9]
8
be found that they all can be made to produce from the soil an ample support.
The philanthropist and the Christian may rejoice, and the political economist, might as well join in the chorus, for he will find out in time, that it will cost more to kill them, than it will to let them live.
I feel the livliest pleasure, "probably not unmixed with some selfish gratulations," in reporting to you, that there has been no serious infraction of treaty stipulations, by any of the numerous tribes with whom I have treated, and when it is [illegible] in mind, that I have treated with upwards of one hundred, bands of Indians, "Since our separation as a joint board," a great portion of the number in open hostility with the Whites, and but few, if any of them, were restrained from practising that which is a virtue of necessity with them, since, and owing to the [illegible] of the whites
I may be allowed to indulge in those feelings conscious as I am, that much good has been done in saving life and treasure, as well as alleviating the wants and sufferings of a race, who have just claims on our sympathy, and the more so , by reflection on the fact, that it has been done at so small a cost, indeed it has been measurably affected by making the simple promise, that is was the intention of the Great Father (The President) to instruct
[P. 10]
9
and assist them to live like the Whites, and that lands would be set apart for them, which they could call their home, and live by industry in peace
This simple promise was found sufficient in most instances, to secure the above mentioned happy result, the exceptions however were such as the dictates of humanity would prompt, without [experience?] to a particular policy. Those Indians who were suffering for the want of food, (being denied recourse to their former stores) were supplied with a limited amount of food, in some of the Reservations it was found necessary to furnish a liberal amount, in others none at all.
I am sorry to say that I deemed it expedient, through economical and prudential motives, to limit them to the smallest amount practicable with safety, and, as it was rather a difficult matter, to determine the point between economy and safety, (having no precedents to guide me in this new field of physical philosophy) I, it would appear, permitted the [illegible] economy to overcome the just one, The consequence was, necessity became [illegible], and induced those Indians who were about to starve, to recur to their old time honored customs. This of course is to be expected, and it is part of wisdom to make arrangements by which they may support themselves,
[P. 11]
10
It is much to be regretted, that Congress should refuse, or neglect, to pass the necessary appropriation in order to carry out the policy adopted, and which has so far proven so successful, I fear it will be [fraught] with evil, indeed I do not see how the Indians can be kept at peace, without we show them some evidence of the sincerity of the promises of our good intentions toward them.
I have so informed the Deparment, and further stated, that it would be useless, if not futile, for agents to go among them, if promises already made are not fulfilled.
I am pleased to learn by your report, that your views are measurably in accordance with the policy which we have deemed just and expedient in conducting our negotiations.
I feel well satisfied that time will demonstrate to the world, the entire practicability of a system, which in some respects is novel.
Very respectfully
your obt sr
O,M, Wozencraft
U,S, In At
Hon. E.F. Beale
Superintendent of
of Indian Affairs
California